Violating a Protective Order in Richmond
Protective orders are a serious legal tool that everyone must adhere to. When a person feels unsafe around another individual, they can get a protective order that enforces a certain distance between them. However, there are times when you might be falsely accused of violating a protective order in Richmond. If this happens, reach out to a determined protective order attorney who could help you fight this accusation and prevent jail time.
The Importance of Following a Protective Order
It is important for a person to understand and abide by the provisions outlined in a protective order because they could get arrested if they do not. This applies to emergency, preliminary, or permanent protective orders. If someone is arrested for violating a protective order, they have a lower chance of receiving a bond in the time period in which they are waiting for their trial.
What Are the Rules Regarding Restraining Orders in Virginia?
A restraining order is different than a protective order in that a protective order tells someone to stay away from an individual. Restraining orders do not exist in Virginia. A protective order is issued and the restraints are outlined within it.
It is important to read and understand a protective order in Richmond because it outlines specific details of what is considered a violation. For example, a protective order could tell them to stay away from a specific person until a certain date and could also list places in which the issuer of the order could add different conditions.
When the Requestor Believes an Order Has Been Violated
If the requestor thinks that the person is not adhering to the order, the requestor could call the emergency or non-emergency police number and let somebody know that a protective order is being violated. They could also go to the magistrate’s office and take out a summons or warrant against the individual, saying that a person it is violating a protective order. They could even provide video evidence if they have it. If the magistrate finds that there is probable cause for violation, they could issue a warrant for the violator.
What Are the Penalties of Violating a Protective Order in Richmond?
A violation of a protective order in Richmond is ruled by Virginia Code § 18.2-60.4 and is a Class 1 misdemeanor. A person could get anywhere from one day in jail to 12 months in jail.
There are some aggravating factors that are taken into consideration in the protective order statute. A person who violates a protective order while knowingly armed with a deadly weapon could face a Class 6 felony. If the respondent stalks the party or commits an assault and battery upon a party protected by the protective order resulting in bodily injury, it is going to be a Class 6 felony with a maximum penalty of five years in jail. Additionally, if they are convicted of violating a protective order, a new protective order not to exceed two years would be automatically issued.
The Benefit of Legal Counsel
Whenever dealing with any kind of a court procedure, it is imperative that a person put themselves in the best situation to be successful. Most of the time the accused is not someone who is court-savvy or prepared to successfully defend themselves in a courtroom setting, whereas the judge, the Commonwealth, the prosecutor, and the police officers involved in the case have all spent time in a courtroom setting. They are going to be prepared to achieve whatever goal they want to achieve in that setting.
These types of crimes are taken seriously and judges are cracking down a lot more on order violations. It can be difficult to prove that a person did not violate a protective order and it is usually up to the order requestor to prove that the violation occurred. Often, the court only has their word to go on, so a person should have proof that they were not present in the place and time that is being described.
Speak with an Attorney if You Are Accused of Violating a Protective Order in Richmond
It is important that you follow any protection or restraining order against you. However, it remains a possibility that there is a misunderstanding or a false accusation. The consequences of this can be severe, which is why you should call a lawyer immediately. They could advise you on how to respond to a charge of violating a protective order in Richmond.